Newton Planning Board
Minutes of public hearing
JANUARY 22, 2008
Page 1 of 6
Planning Board Minutes of January 22, 2008 Public Hearing
All minutes are in draft form until approved by the Planning Board. Please check subsequent minutes for approval of and/or amendments to these minutes.
1. Call to Order
Chairman Pettit called the meeting to order at 7:27 PM. In attendance were: Chairman, Kim Pettit; Vice Chairman, Ann Miles; Planning Board Members, Jim Doggett, and Frank Gibbs; and Administrative Assistant, Lisa Babcock. Minutes were transcribed and typed by Lisa Babcock.
Circuit Rider Planner, Eric Steltzer was also in attendance.
2. Marley Builders: Continuation of a public hearing to consider the request for a two-phase, 5-lot subdivision on Whittier Street. The property is referenced as Tax Map 6, Block 9, Lot 9.
Pettit gave a brief history of the application. Marley Builders had submitted an application for a 5-lot subdivision of the property in May, 2006. Conditional approval had been granted in September, 2006. The applicant submitted an amended 2-phase plan in August, 2007 after the original approval had lapsed. In October, 2007, the applicant requested a 1-year extension for the project due to difficult market conditions.
Stelzer suggested that the applicant withdraw the application and re-apply when market conditions improve. Pettit stated that the applicant had wanted to withdraw the new application and return to the original plan. Miles pointed out that the original plan would not be grandfathered against subsequent changes in zoning ordinances and subdivision regulations.
Mr. Marra stated that he wanted to withdraw the new application and get an extension of the original approval. Steltzer recommended that legal counsel review the issue since there were multiple applications and possible lapses.
Pettit recommended that the applicant send a detailed letter to the Planning Board explaining their request concerning the subdivision. In the mean-time the Board will review the file and time-line. Pettit gave Mr. marra copies of the most recent Conservation comments dated January 17, 2008 and Town Engineer's review dated September 9, 2007.
Motion by Miles to continue the public hearing for Marley Builders to February 12, 2008. Second by Doggett. Motion carried unanimously.
3. 125 Development NH Corp. and Maplevale Builders, LLC: Public Hearing for consideration of a lot line adjustment between two lots at Puzzle Lane and Walnut Farm Road referenced as 14/1/27-4 and 13/3/8-6.
The Board declined to hear the application because of outstanding compliance issues with the 125 Development parcels, including updated bonds not received, outstanding NPREA charges, and a DES administrative order, but didn’t want to penalize Maplevale. Because the Board was unclear on what is being requested, Charlie Zilch of SEC was asked to explain the nature of the application. The plan proposes a lot line adjustment between lots 14/1/27-4 and 13/3/8-6 by removing a strip of land from parcel 13-3-8-6 (part of the Walnut Farm residential subdivision) and adding it to parcel 14/1/27-4 (part of the Puzzle Lane commercial/light industrial subdivision. The reconfigured (13/3/8-6) would still meet subdivision regulations.
Pettit questioned whether or not this application should be a subdivision application instead of a lot-line adjustment. Mr. Zilch stated that the plan begins with 2 lots and ends with 2 lots so it is a lot-line adjustment, no new lots are being created. Steltzer agreed that the plan should be a lot line adjustment.
Doggett pointed out that the plan would take a strip of residential property and add it to a parcel zoned as light industrial/commercial. Mr. Zilch stated that his client is not proposing a zoning change.
Abutter, Ned Nichols stated that changing the lot line will amount to a zone change because of a setback variance granted to 125 Development some years ago on an adjacent parcel of land. Action Item: the Board needs to check the records to see when that variance was granted, what exactly was granted, and whether it's expired. There were a couple of variances granted to Mr. McDonough and we may be getting one confused with the other.
Miles stated that the Board should not consider this application since there were outstanding issues with the Puzzle Lane subdivision. Mr. McDonough stated that he had been in contact with his bonding company and would call them again in the morning. He also stated that he had resolved the issues with DES. Pettit pointed out that the Board needed the paperwork on file before it could consider these issues resolved.
Alternate Gary Nelson arrived. Miles departed at this time. Pettit appointed Nelson to stand in for Vaillant for the evening.
Doggett stated that a lot-line adjustment should not involve such a large (2.5 acre) portion of land and create a mixed zone lot.
Pettit asked that, because no NPREA escrow is required for lot-line adjustments but the applicants had deposited $200 for an engineering review, there should be an additional deposit made for planning and legal review because of the several planning and legal issues. Steltzer will prepare an estimate for a review of the application, and the Board will contact Town Counsel to secure an estimate for a legal review. The Board noted that this application was received on 12/31/07 and should be reviewed for completeness within the 30-day statutory time frame. Motion by Pettit to table the lot line adjustment application until the January 29th work session. Second by Nelson. Motion carried unanimously.
4. Town of Newton, NH: Continuation of public hearing for review and adoption of proposed amendments to the Subdivision Regulations and the Site Plan Review Regulations regarding the following:
a. Application fees and procedures
Pettit authorized the secretary to correct the typographical errors that she outlined in her copy of the regulations. Then Pettit read the proposed amendments to the subdivision regulations:
1) Delete section VI entirely and replace with: Application Procedures shall be in accordance with the Town of Newton Planning Board Policies and Procedures Manual, as amended.
2) Amend section VIII 8.1.6 (R) by adding the following: (7) Copies of applications for all required state and federal permits.
3) Amend section 8.5.1 (E) as follows: Establishment of monetary value of Any required performance guarantee and deposit of inspection fee. These guarantees shall be subject to Town Counsel review as provided in Section IX, Performance and Maintenance Guarantee. Monetary values shall be subject to an inflationary increase at the time of posting.
4) Amend section 9.1 as follows: Delete item B ("A bond issued by a guarantee company…") in entirety, item C should be re-labeled as B.
5) Add the following subparagraph to section 9.1: The approved bond value shall be re-evaluated at the time of posting, prior to the issuance of any building permits for the site, and at each request for bond reduction. Bond value shall be subject to an inflationary increase at each re-evaluation.
6) Amend Appendix A as follows: Delete Schedule of Fees and replace with: Fees shall be in accordance with the Town of Newton Planning Board Policies and Procedures manual, as amended.
Motion by Doggett to approve the changes to the Subdivision Regulations as noted above. Second by Gibbs. Motion carried unanimously.
Pettit read the proposed amendments to the Non-Residential Site Plan Regulations.
1) 1) Delete section VI entirely and replace with: Application Procedures and Fees shall be in accordance with the Town of Newton Planning Board Policies and Procedures Manual, as amended.
2) Amend section VII 7.1.5 (Q) as follows: (7) Copies of applications for all required state and federal permits.
3) Amend section 9.1 as follows: Delete item B ("A bond issued by a guarantee company…") in entirety, item C should be re-labeled as B.
4) Add the following subparagraph to section 9.1: The approved bond value shall be re-evaluated at the time of posting, prior to the issuance of any building permits for the site, and at each request for bond reduction. Bond value shall be subject to an inflationary increase at each re-evaluation.
Motion by Doggett to approve the changes to the Non-Residential Site Plan Regulations as noted above. Second by Gibbs. Motion carried unanimously.
Pettit reviewed the Newton Planning Board Policies and Procedures Manual. She noted that checks for the Application Fee will be made out to Newton Planning Board and checks for Escrow Account will be made out to NPREA. Also, the Fee Schedule had been updated by Reuben Hull.
Motion by Doggett to approve the change (Application Fee check made out to Newton Planning Board) and changes in the fee schedule as submitted by Reuben Hull in the Policies and Procedures Manual. Second by Gibbs. Motion carried unanimously.
Motion by Doggett to adopt the Newton Planning Board Policies and Procedures Manual, as amended. Second by Nelson. Motion carried unanimously.
Doggett moved to close the public hearing on proposed amendments to the Subdivision Regulations and the Site Plan Review Regulations. Second by Gibbs. Motion carried unanimously.
The secretary will make the changes and distribute copies to Board members and Steltzer.
5. Other Board Business
a. 2008 meeting schedule/calendar: the Board reviewed the 2008 meeting scheduled. The public hearing (and related meetings and deadlines) scheduled for 3/11/08 was cancelled due to town voting. The public hearing will be re-scheduled if necessary.
b. Master Plan update: Steltzer updated the Board on the progress of the Land Use chapter and distributed updated copies. He stated that he needed information on Conservation lands in the town. The secretary will work with the assessor to find this information. Steltzer directed the Board to review the changes and discuss the document at the January 29th work session. This item will be noticed for public hearing for February 12th.
The Board then discussed the CIP. Steltzer listed the departments that responded to his request for CIP proposals, among them, the Newton Historical Society. Doggett pointed out that the Historical Society is not a town department. He also explained that the CIP is used to document anticipated expenses of a capital nature over a period of time, is a useful budgeting tool, should be updated annually, and can be used to establish certain kinds of impact fees.
The Board directed the secretary to contact the Fire Department, Board of Selectmen, Recreation Commission, and Highway Department and request their proposals. The deadline for proposals is February 15th. The CIP will be scheduled for the February worksession and potentially a March public hearing.
c. Manifests: No NPREA manifest was presented. The Operating Budget manifest included $91.84 for legal advertising for the Zoning Ordinance hearing held on Dec. 27th and an invoice for $800 from computer consultant, Sylvania Maddock, dated October 26, 2007. The Board determined that the charges listed for 4/4/07 ($40) and 4/11/07 ($40) were Town concerns and should be paid by the BOS. The Board declined to pay the charges listed for 4/20 ($100), 5/1 ($20) and ½ ($20) for 5/11. The total to be paid by the Planning Board is $580. Specific objections to the charges for unpacking, repacking and returning the computer were raised, along with a general sense that the Board needs to be more informed about IT costs over and above the cost of equipment.
Motion by Nelson to pay the Operating Budget manifest, less items not approved by the Planning Board as discussed, for a total of $671.84. Second by Gibbs. Motion carried with 3-1 with Doggett opposed.
Motion by Pettit to request a written estimate from the IT consultant prior to work being done for all future computer issues. Second by Nelson. Motion carried unanimously.
Babcock advised the Board that Avitar software is not functioning properly and she will secure an estimate to have it fixed.
d. Twombly Drive: The Board reviewed memos from TA, Nancy Wrigley dated 1/6/08 and Fire Chief, William Ingalls, dated 1/3/08. The memos discussed concerns about the way the road has been plowed this year and placement of jersey barriers at the end of the cul-de-sac. It was noted that the road begins in South Hampton and the existing home is located in Newton.
Pettit stated that she would draft a memo to the BOS advising them to pursue all available remedies to bring Mr. Hebb into compliance, and recommending that the Building Department not issue any more building permits until the roadway maintenance issues are resolved to the satisfaction of the Board of Selectmen and Town safety officials.
e. Boches: Pettit noted that the Conservation Commission had submitted a letter to the Board of Appeals dated January 13, 2008 in which the commission rescinded its approval of the Boches cluster development plan for MBL 7/6/9-1.
f. Silva-Fortuna/2 West Main St: The Board reviewed a letter from Donna Silva-Fortuna dated January 15, 2007 re: signage approval and a black and white image of proposed signs. Zoning regulations prohibit more than 100 square feet of signage and any one sign larger than 32 square feet. The Board directed the secretary to request a photo and measurements for each proposed sign and to search the files for any waiver granted for the existing circular sign by previous Boards. Babcock indicated that she referred the applicants to DES and the water well issue is back on track.
g. Kenwood Drive: The Board reviewed an e-mail from Mike Vignale dated 12/3/07, regarding a drainage issue on Kenwood Drive. The Board will review updated material at the work session.
6. Adjorn:
Motion to adjourn at 9:50 PM by Pettit, second by Doggett, passed unanimously.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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